The National Eligibility Test is a national level examination conducted by the UniversityGrants Commission (UGC). The creamy layer literally means 'creamy section'.
There is 27 percent reservation for OBCs in government jobs and educational institutions, but, if the annual of an OBC family is more than 8 lakh rupees, then no boy / girl of that family will get the benefit of reservation, that is, they will get job from non-reserved seat Or have to enroll.
The creamy layer limit was introduced in 1993 and at that time people with an income of 1 lakh / year were included in it. Later this limit has been increased to Rs 2.5 lakh in 2004, Rs 4.5 lakh in 2008, Rs 6 lakh in 2013 and Rs 8 lakh in 2017 (current income for creamy layer).
Currently, if the annual income of a family is more than Rs 8 lakh, then that family will be placed in the category of creamy layer. If the annual income of a family is less than Rs 8 lakh, then that family will be placed in the category of non-creamy layer and their children will get the benefit of 27% reservation with OBC.
Constitutional Provisions for OBC Creamy Layer
The term 'backward classes' is found in Article 15 (4), 16 (4) and 340 (1) of the Indian Constitution. Article 15 (4) and 16 (4) provides that special provision can be made by the state for the welfare of socially and educationally 'backward classes' or special facilities can be given.
History of reservation in India: a comprehensive analysis
Article 16 talks about equality of opportunity in subjects related to the appointment to a post under the state. But there are some exceptions to this. For example, if the state feels that there is no representation of backward classes in the appointments, then reservation can be arranged for them.
In th cse of the famous Mandal Commission (1992), a provision was made for reservation for backward classes through Article 16 (4) which was tested by the Supreme Court. But the Supreme Court had rejected the demand for 10% reservation for the upper castes, although this has been accepted in 2019.
Who comes under OBC Creamy Layer?
Those written below have been kept in the creamy layer, meaning that their children will not get reservation in 27% of jobs reserved for backward classes and admission seats.
1. Persons holding constitutional post: President, Vice-President, Judges of Supreme and High Court, President and Members of Union Public Service Commission, Chairman and Members of State Public Service Commission, Comptroller and Auditor General and Chief Election Commissioner.
2. Group A, Group B officers, PSUs, Universities, Banks, Insurance companies posted in Central and State Services. Keep in mind that this rule also applies to officers working in private companies.
3. Engineer, Doctor, Consultant, Artist, Writer and Advocate etc.
4. An officer of the rank of Colonel or above in the Army or an officer of the same rank in the Air Force, Navy and Paramilitary.
5. Person engaged in industry, commerce and trade
6. People who have buildings in urban areas, who have vacant land or agricultural land more than a certain limit.
7. People whose annual family income is more than Rs 8 lakh.
